Chapter 07. Child Protection
Regulation .01 Prohibition of Abuse, Neglect, and Injurious Treatment.LinkCopy Citation
An operator, a staff member, substitute, volunteer, person residing on the premises of the facility, or anyone connected with the facility may not subject a child to child abuse, neglect, mental injury, or injurious treatment.
Regulation .02 Abuse/Neglect Reporting.LinkCopy Citation
A.
An operator, staff member, employee, substitute, or volunteer who has reason to believe that a child has been:
(1)
Abused, in a facility or outside of the facility, shall report that belief directly to the Child Protective Services unit of the local department or to a law enforcement agency, as required under Maryland law;
(2)
Neglected, in a facility or outside of the facility, shall report that belief directly to the Child Protective Services unit of the local department as required under Maryland law.
B.
When a child has been subjected to injurious treatment, it shall be reported to the office.
C.
An operator shall:
(1)
Instruct the staff to monitor all children daily for signs and symptoms of child abuse and neglect;
(2)
Instruct staff about their legal obligations to report suspected child abuse or neglect directly to the local department or the appropriate law enforcement agency; and
(3)
Post, near each telephone in the facility, the telephone numbers of the Child Protective Services unit of the local department and the appropriate law enforcement agency.
D.
An operator may not require a staff member, employee, substitute, or volunteer to report through the operator or director, rather than directly to the local department or a law enforcement agency, when the staff member has reason to believe that a child has been abused or neglected.
Regulation .03 Child Discipline.LinkCopy Citation
A.
Child discipline shall be:
(1)
Appropriate to the age, maturity, and physical condition of the child; and
(2)
Consistent with the requirements of this subtitle.
B.
The operator, staff member, employee, substitute, or volunteer may not:
(1)
Force a child to eat or drink;
(2)
Punish a child for refusing to eat or drink;
(3)
Withhold food or beverages as punishment; or
(4)
Spank, hit, shake, or use any other means of physical discipline.
C.
The operator shall:
(1)
Prepare a written child discipline policy that states the:
(a)
Discipline methods used at the facility; and
(b)
The circumstances under which the child discipline methods may be applied;
(2)
Make the child discipline policy available to:
(a)
The parent of each child in care;
(b)
Parents who are considering whether to enroll their children; and
(c)
The office; and
(3)
Ensure that the child discipline policy is followed by each employee, substitute, volunteer, and other individual connected with the facility.
Regulation .04 Parental Access.LinkCopy Citation
An operator shall permit the parent of a child in care to:
A.
Freely observe all areas of the facility used for child care during operating hours; and
B.
Have access, without appointment, to the parent's child at any time during the nursery school's or child care program's hours of operation.
Regulation .05 Authorized Release.LinkCopy Citation
An operator shall ensure that a staff member releases a child only to the child's parent or to another individual, if directed by the parent, whose identity is verified. If the parent or identified individual is not available due to death, illness, emergency, or any other cause, or if requested by a Child Protective Services worker, the child may be released to Child Protective Services.
Regulation .06 Child Security.LinkCopy Citation
A.
An operator shall ensure the safety and security of each child at all times.
B.
Unless an employee or staff member has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records, the individual may not be alone with an unrelated child in care.
C.
A facility employee or staff member who has successfully passed federal and State criminal background checks and a review of child and adult abuse and neglect records shall:
(1)
Accompany a child whenever the child is in the presence of another individual, unless the individual is:
(a)
Another child in care;
(b)
A health service consultant used by the facility operator pursuant to COMAR 13A.17.06.06C;
(c)
The child's parent, guardian, or other individual to whom the child may be released pursuant to Regulation .05 of this chapter;
(d)
An individual who is authorized by the child's parent or guardian, and whose identity is verified, to provide a health care, educational, or other service to the child;
(e)
During an off-site activity, another child's parent or guardian, who is designated in writing by the facility operator to assist in transporting children to or from the facility; or
(f)
If the facility is located at a school, an individual who for compensation is employed to work at the school; and
(2)
Unless documentation is on file at the facility that an independent contractor performing a service at the facility has successfully passed federal and State criminal background checks and a review of child abuse and neglect records, remain within sight and sound of the contractor whenever the contractor is in an area of the facility where children are present.
Chapter annotations
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5.418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
History: Effective date: October 20, 2008 (35:21 Md. R. 1827)
History: Regulation .02A, D amended effective January 13, 2020 (47:1 Md. R. 16)
History: Regulation .03B, C amended effective January 13, 2020 (47:1 Md. R. 16)
History: Regulation .06B, C amended effective January 13, 2020 (47:1 Md. R. 16)
History: Regulation .06C amended effective April 19, 2010 (37:8 Md. R. 619)